29 Pages Posted: 23 Nov 2007
Sentencing white collar offenders is difficult in that the economic crimes committed clearly injured individuals, but the offenders do not present a physical threat to society. This Article questions the necessity of giving Draconian sentences, in some cases in excess of twenty-five years, to non-violent first offenders who commit white collar crimes. The attempts by the U.S. Sentencing Commission to achieve a neutral sentencing methodology, one that is class-blind, fails to respect the real differences presented by these offenders. As the term white-collar crime has sociological roots, it is advocated here that sociology needs to be a component in the sentencing of white collar offenders.
Keywords: sentencing, white collar crime, criminal law, corporate crime, sociology
JEL Classification: K14, K22
Suggested Citation: Suggested Citation
Podgor, Ellen S., The Challenge of White Collar Sentencing. Journal of Criminal Law and Criminology, Vol. 93, No. 3, 2007. Available at SSRN: https://ssrn.com/abstract=1031832